Sanjay Saxena vs State of U.P. Thru. Chief Secy. Govt. of U.P. Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

Sanjay Saxena vs State of U.P. Thru. Chief Secy. Govt. of U.P. Lko. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory order only: counter affidavit taken on record; petitioner to file supplementary affidavit within 10 days; S.D.M. may file supplementary counter affidavit; matter listed fresh on 12.02.2025; interim order, if any, to continue till the next date of listing. No substantive relief decided.

Issue for consideration

Whether the structure demolished by the authorities belonged to the petitioner, and whether its demolition without notice was justified — the State contends the demolished structure was dilapidated and did not belong to the petitioner (hence no notice was given), while the petitioner disputes this as factually incorrect.

Ratio / Principle

Counter affidavit filed on behalf of the opposite party no. 4 is taken on record.

Key takeaways

The petitioner is directed to file a supplementary affidavit within a period of 10 days.ratio¶9
The S.D.M., Gola Gokaran Nath, Kheri may file a supplementary counter affidavit, if he so desires.ratio¶10
Before filing the supplementary counter affidavit in response to the writ petition, the S.D.M., Gola Gokaran Nath, Kheri was advised to go through the judgment of the Supreme Court dated 13.11.2024 rendered in Writ Petition (Civil) No. 295 of 2022 (In Re: Directions in the matter of demolition of structures and connected matters).ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench — WRIT - C No. 236 of 2025, Sanjay Saxena v. State of U.P. thru. Chief Secy. and 5 Others (Rajan Roy and Brij Raj Singh, JJ.; order dated 17.1.2025). Interlocutory order in a writ petition concerning demolition of a structure at Gola Gokaran Nath, Kheri. The counter affidavit of opposite party no. 4 was taken on record. Shri Manish Mishra, learned Additional Chief Standing Counsel for the State, informed the Court that a structure in dilapidated condition, which did not belong to the petitioner, had been demolished and therefore no notice was given; learned counsel for the petitioner called this factually incorrect and placed photographs on record. Shri Vinod Gupta, S.D.M., Gola Gokaran Nath, Kheri, joined proceedings by video conferencing and wished to produce further photographs. Directions issued: petitioner to file a supplementary affidavit within 10 days; the S.D.M. may file a supplementary counter affidavit if desired, and before doing so was advised to go through the Supreme Court judgment dated 13.11.2024 in Writ Petition (Civil) No. 295 of 2022 ('In Re: Directions in the matter of demolition of structures and connected matters'); matter to be listed fresh on 12.02.2025 with the S.D.M. again joining by video conferencing; interim order, if any, to continue till the next date of listing. No statutory provision cited; the writ petition remains pending.

Court No. - 2

Case :- WRIT - C No. - 236 of 2025 Petitioner :- Sanjay Saxena Respondent :- State Of U.P. Thru. Chief Secy. Govt. Of U.P. Lko. And 5 Others Counsel for Petitioner :- Prateek Shrivastava Counsel for Respondent :- C.S.C.,I.M. Pandey Ist,M.K. Dixit

Hon'ble Rajan Roy,J. Hon'ble Brij Raj Singh,J.

1. Counter affidavit filed on behalf of the opposite party no. 4 is taken on record.

2. Heard Shri Prateek Shrivastava, learned counsel for the petitioner and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State.

3. Shri Manish Mishra, learned Additional Chief Standing Counsel for the State informs the Court that some structure in dilapidated condition was demolished which did not belong to the petitioner and therefore, no notice was given.

4. Learned counsel for the petitioner says that this is factually incorrect. He has placed certain photographs.

5. Shri Vinod Gupta, Sub-Divisional Magistate, Gola Gokaran Nath, Kheri, who has joined the proceedings through video conferencing, also wants to produce certain photographs.

6. Let the petitioner file a supplementary within a period of 10 days.

7. The S.D.M., Gola Gokaran Nath, Kheri may file a supplementary counter affidavit, if he so desired.

8. List/ put up on 12.02.2025 as fresh when the S.D.M., Gola Gokaran Nath, Kheri shall again join the proceedings through video conferencing, but, before filing supplementary counter affidavit in response to the writ petition the S.D.M., Gola Gokaran Nath, Kheri would be better advised to go through the judgment of the Supreme Court dated 13.11.2024 rendered in Writ Petition (Civil) No. 295 of 2022; In Re: Directions in the matter of demolition of structures and connected matters.

9. Interim order, if any, shall continue till the next date of listing.

(Brij Raj Singh,J.) (Rajan Roy,J.)

Order Date :- 17.1.2025/R.K.P.

Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench